Report of the Royal Commission on Labour in India

Bibliographic data

Monograph

Identifikator:: 1850495947

URN:: urn:nbn:de:zbw-retromon-233603

Document type:: Monograph

Title:: Report of the Royal Commission on Labour in India

Place of publication:: London

Publisher:: His Majesty's Stationery Off.

Year of publication:: 1931

Scope:: xviii, 580 S.; graph. Darst., Kt.

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XVI. - Workmen's compensation

Collection:: Economics Books

WORKMEN'S COMPENSATION. 311 the part of trade unions, knowledge of the law, which is evidently being diffused rapidly already, should become general among workmen. : Ignorance of Dependants. We doubt, however, if these methods will be adequate in the case of dependants and, having regard to the special difficulties in their way and to the great importance of ensuring that they do not lose the benefits of the Act through ignorance, their case demands further examination. Although it is satisfactory to note that the proportion of claims paid to possible claims is higher in cases of death than in cases of either permanent or temporary disablement, there are still cases where compen- sation for a fatal accident should be and is not claimed; and it is our opinion that, unless steps are taken to give some assistance to depend- ants in the matter, it will be long before they are able, as a class, to take tull advantage of the Act. In many cases they live hundreds of miles from the industrial areas, and too often they communicate only at long intervals with the workman whose dependants they are; on occasions they must be ignorant of his whereabouts, and they may not hear of his death until some time has elapsed. In most cases, moreover, the dependants with the best claim are women and children. The spread of a knowledge of the law in industrial areas should not be difficult and is, bo some extent, inevitable, but a long time must lapse before that know- ledge can be generally diffused in the countless distant villages where so many dependants live. Procedure in Fatal Accidents. After examining various alternative suggestions made to us in this connection, we consider that the best method of overcoming the difficulties would be to ensure that notices of fatal accidents are given to the Commissioner. The employer should be required to send with the notice, either the amount of compensation due (and the particulars neces- sary to enable the Commissioner to check that amount) or a statement disclaiming liability, with the grounds on which compensation is withheld. The notice should be compulsory in the case of all fatal accidents occur- ring to employees while they are on the employer's premises or while they are on duty elsewhere. A notice will thus be required in some cases in which the accident has not arisen in or out of employment ; in such cases it will be for the employer, in forwarding the notice, to set out clearly the circumstances which relieve him from liability. On receipt of a notice accompanying compensation, the Commissioner would take steps to distribute the amount ; on receipt of a notice disclaiming liabi- lity, it would be the duty of the Commissioner to satisfy himself that the grounds for such disclaimer were adequate. If he was not so satis- fied, he might either call upon the employer to show cause why he should not be ordered to deposit compensation, or ascertain the whereabouts of the dependants and inform them that it was open to them to prosecute a claim. If he took the former step, it would not, of course, prevent him so informing the dependants at any stage ; nor would such proceedings act as a bar to any subsequent claims by a dependant. We do not think

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